Legal Question in Workers Comp in California

I do not understand how an employer can collect the full salary benefits of Section 4850; those are payments made by the employer so how can they pay themselves? All disability payment are the same. Are you sure that you did not misunderstand what was said about this? The relevant sections are below and only speak of payments to the employee, except for d) which only applies if the employer is not self-insured [most cities and counties are self -insured and use SCIF as an adjusting agency] and only applies to non-full salary payments [what it says in lay terms is that if the employer pays its employee directly the disability benefits, it can ask the insurance carrier to refund the payments actually made to the employee].

d) If the employer is insured, the payments that, except for this

section, the insurer would be obligated to make as disability

indemnity to the injured, the insurer may pay to the insured.

(e) No leave of absence taken pursuant to this section by a peace

officer, as defined by Chapter 4.5 (commencing with Section 830) of

Title 3 of Part 2 of the Penal Code, or by a city, county, or

district firefighter, shall be deemed to constitute family care and

medical leave, as defined in Section 12945.2 of the Government Code,

or to reduce the time authorized for family care and medical leave by

Section 12945.2 of the Government Code.

State Compensation Insurance Fund will be the adjusting agency for the law enforcement employer, unless the employer handles it itself. Contact the claims adjuster and tell them what has happened and ask them to explain in detail why your husband is not entitled to back pay and other benefits, including a 10% penalty for unreasonable delay in paying benefits. If the adjuster can not give a satisfactory or understandable explanation, demand to speak to the head of the Claims Department. Your husband is entitled to have his sick leave and vacation benefits restored and to then get their cash value per how the employer reimburses those benefits [some pay a partial amount for sick leave unused]. He may also be entitled to try to change the retirement to a work disability retirement so that the money is tax free. then speak to the employer to get them to change what they did.

If that does not work, you will probably need an attorney to write a strong letter to both; if you need, I could handle the matter. I worked for 4 years for SCIF and ten years with a public entity handling police retirement cases.

not proof read